Legal Opinion

B. Schiavo & Sons Steel Corp. v. Acworth

New York Supreme Court

Decided November 19, 1987Published

1Opinion of the Court

OPINION OF THE COURT

Peter F. Cohalan, J.

Ordered that this motion by petitioner B. Schiavo & Sons Steel Corp. to stay arbitration pursuant to CPLR 7503 (b) is *357hereby denied, and the temporary restraining order previously issued is hereby vacated.

Petitioner and respondent entered into a written contract on February 2, 1986 for the construction of a new office building owned by respondent.

Respondent claims that petitioner failed to perform in a timely manner and in a good and workmanlike manner, did not cure defects even though proper notification was given and as a result terminated the…

2Cases cited16 opinions

  1. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  2. In re the Arbitration between Aimcee Wholesale Corp. & Tomar Products, Inc.New York Court of Appeals · 1968
  3. Maross Construction, Inc. v. Central New York Regional Transportation AuthorityNew York Court of Appeals · 1985
  4. Board of Education v. AremanNew York Court of Appeals · 1977
  5. United Nations Development Corp. v. Norkin Plumbing Co.New York Court of Appeals · 1978

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